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Being a passenger on a motorcycle when an accident happens puts you in a uniquely vulnerable position. You had no control over the bike. You made no decisions about speed, lane position, or how the ride was handled. And yet you absorbed the full physical consequences of the crash without a seatbelt, without airbags, without any structural protection between you and the road.
Motorcycle passengers in Massachusetts have clear legal rights to pursue compensation for their injuries. Those rights are, in several important ways, stronger than what injured riders face. But the path to recovery is different enough from both a standard car accident claim and a motorcycle rider's claim that passengers need to understand specifically what applies to them.
This article covers who a motorcycle passenger can sue, why assumption of risk cannot be used to block your claim under Massachusetts law, how the motorcycle's insurance coverage works for passengers, what the helmet law means for your case, and what to do after a crash.
Kiley Law Group has represented injured motorcyclists across Massachusetts and New Hampshire for more than 50 years and has recovered over $1 billion for our clients. If you suffered a motorcycle accident, call 978-474-8670 for a free consultation.
As a passenger, you are not limited to filing a claim against the driver of another vehicle. Depending on how the accident happened, you may have claims against more than one party and identifying all of them is one of the most important early steps in a passenger injury case.
The Motorcycle Operator
A motorcycle passenger has the right to file a claim against the operator of the motorcycle if the operator's negligence caused or contributed to the crash. This is true even when the rider is a friend, a family member, or a romantic partner. The fact that you had a personal relationship with the rider does not eliminate their legal obligation to operate the motorcycle with reasonable care, and it does not prevent you from seeking compensation from their liability insurance.
This is one of the most significant distinctions between motorcycle passenger claims and car passenger claims. In a car accident, the passenger is typically in a vehicle being driven by someone other than a close contact or is filing against a third-party driver entirely. Motorcycle passengers often know the rider well, which can make pursuing a claim feel uncomfortable. But the rider's insurance exists precisely to cover this situation, and your medical bills and losses are real regardless of your relationship.
Massachusetts law requires motorcycles to carry bodily injury liability coverage with minimum limits of $25,000 per person and $50,000 per accident as of July 1, 2025. A passenger injured due to the rider's negligence can file a claim against that liability coverage.
The Driver of Another Vehicle
If another vehicle caused or contributed to the crash by failing to yield, changing lanes without checking blind spots, running a red light, or any other negligent act. The passenger can file a claim against that driver's liability insurance as well. In a multi-vehicle accident, passengers often have claims against both the motorcycle operator and the driver of the other vehicle simultaneously, depending on how fault is allocated.
Other Potentially Liable Parties
Depending on the circumstances of the crash, other parties may also bear responsibility. If a defect in the motorcycle itself caused or contributed to the accident, the motorcycle's manufacturer or a negligent repair shop could be liable. If a dangerous road condition, like a pothole, missing signage, or unmarked hazard, the government entity responsible for maintaining that road may be a defendant. An attorney will conduct a full investigation to identify every party whose negligence contributed to your injuries.
One of the defenses that injured passengers sometimes encounter, or worry about, is assumption of risk. The argument goes: you chose to get on a motorcycle knowing it was a risky form of transportation, so you accepted the possibility of being injured and therefore cannot recover.
This argument is not valid in Massachusetts. The defense of assumption of risk has been expressly abolished by statute under M.G.L. c. 231, §85. No defendant can use assumption of risk to bar or reduce a plaintiff's recovery in Massachusetts. An insurer cannot argue that because you chose to ride on a motorcycle, you gave up your right to compensation for injuries caused by someone else's negligence.
Additionally, M.G.L. c. 231, §85 establishes that the plaintiff is presumed to have been in the exercise of due care. The burden of proving negligence that contributed to the injury falls on the defendant, not on you. This is a meaningful protection for injured passengers.
Passengers Are Rarely Found Contributorily Negligent
A passenger on a motorcycle has no control over the vehicle. They cannot steer, brake, accelerate, or make decisions about lane position or speed. Because passengers exercise no duty of care over the operation of the motorcycle, they generally cannot be found contributorily negligent for the crash itself.
Under Massachusetts modified comparative negligence rules (M.G.L. c. 231, §85), fault is assigned based on each party's contribution to causing the accident. Since a passenger contributes nothing to how the motorcycle is operated, there is typically no basis for assigning fault to them. This means that most litigation in motorcycle passenger injury cases focuses not on whether the passenger bears responsibility, but on how much the defendants owe and which defendants bear what share of the fault.
The one narrow exception is if a passenger physically interfered with the operator's safe control of the motorcycle in some way that contributed to the crash. In ordinary circumstances, this does not apply.
No PIP Coverage for Motorcycle Passengers
Car passengers in Massachusetts benefit from the no-fault Personal Injury Protection system. After a car accident, a passenger can file a PIP claim with the driver's insurer for up to $8,000 in medical expenses and partial lost wages, regardless of who caused the crash.
Motorcycle passengers do not have access to PIP. Under 211 CMR 3.02, PIP coverage is not required on motorcycle insurance policies and does not extend to motorcycle riders or passengers. This means there is no immediate, no-fault medical payment available to a motorcycle passenger in the way there is for a car passenger.
Your initial options for covering medical costs after a motorcycle accident as a passenger are your own personal health insurance, any Medical Payments (MedPay) coverage the motorcycle operator purchased on their policy if any was purchased, or the eventual recovery from the at-fault party's liability coverage once fault is established. This is why acting quickly and getting legal representation early matters without PIP, the financial pressure after a serious injury begins immediately.
How the Motorcycle's Insurance Coverage Works for Passengers
The Operator's Liability Coverage
The motorcycle operator's bodily injury liability insurance is the first and most direct source of compensation when the operator's negligence caused or contributed to the crash. Massachusetts minimum liability coverage is $25,000 per person and $50,000 per accident as of July 1, 2025. If the rider carries higher limits, which Kiley Law Group recommends for any rider who carries passengers, those higher limits are available to an injured passenger.
UM/UIM Coverage When Another Driver Is at Fault
If the crash was caused by a third-party driver who is uninsured or underinsured, a passenger may be able to access the motorcycle operator's uninsured/underinsured motorist (UM/UIM) coverage, but only if the motorcycle operator was not the at-fault party. If the operator's own negligence caused the crash, the passenger would look to the operator's liability coverage rather than their UM/UIM coverage.
A passenger may also carry their own auto insurance policy with UM/UIM coverage. Under M.G.L. c. 175, §113L, UM/UIM coverage on a passenger's own auto policy may be available to cover injuries they suffer as a passenger on a motorcycle, depending on policy language. This is worth reviewing with an attorney, particularly when the at-fault driver's coverage is inadequate.
If you own a car and carry your own auto insurance with UM/UIM coverage, that coverage may be available to you as a motorcycle passenger depending on your policy's terms. Policy language varies, and this is not automatic, but it is worth exploring if the at-fault party's coverage is insufficient to cover your damages.
Massachusetts law requires all motorcycle passengers to wear DOT-approved helmets under M.G.L. c. 90, §7. If a motorcycle lacks a windscreen or windshield, passengers must also wear protective eyewear. These are legal requirements, not optional.
If you were not wearing a helmet when you were injured and you suffered a head or brain injury, the defense will almost certainly argue that your injuries would have been less severe had you complied with the law. Under Massachusetts comparative negligence principles, this argument can be used to reduce your recovery even if you played no role in causing the crash itself.
However, not wearing a helmet does not eliminate your claim entirely, and it does not affect compensation for injuries that have no connection to head protection, broken bones, road rash, internal injuries, or spinal damage, for example. The helmet argument is specific to head and brain injuries. An attorney can address this argument directly, frame the evidence to limit its impact on your recovery, and ensure that the at-fault party's negligence remains the focus of the case.
If you were wearing a helmet at the time of the crash, document that clearly with police reports, witness statements, and photographs. Helmet compliance strengthens a passenger's claim and removes this line of attack from the defense.
Before a rider can legally carry a passenger in Massachusetts, the motorcycle must be equipped with a passenger seat and passenger footrests. A rider operating a motorcycle without these features while carrying a passenger is violating state law, which can itself be relevant to a negligence claim if the absence of proper equipment contributed to the passenger's injuries.
Additionally, a motorcycle operator must hold a full Class M license, not just a permit to legally carry a passenger. Permit holders are prohibited from carrying passengers in Massachusetts. If a rider was operating under a permit and carrying a passenger at the time of the crash, that violation is relevant to the passenger's claim.
Single-Vehicle Crashes
In a single-vehicle motorcycle accident where no other vehicle was involved, the motorcycle operator is generally presumed to be the at-fault party. A passenger injured in a single-vehicle crash will typically file a claim against the operator's liability insurance. The operator's insurer may investigate the crash and attempt to argue that road conditions, a mechanical defect, or some other factor reduces the operator's fault, but the burden of proving any contributing negligence falls on the defendant, not on the passenger.
Other parties may also have liability in a single-vehicle crash. A defective component on the motorcycle, a poorly maintained road surface, or negligent repair work are all potential sources of liability that an attorney will investigate.
When another vehicle is involved, the passenger typically has claims against both the motorcycle operator and the driver of the other vehicle, depending on how fault is distributed. This can actually work in the passenger's favor. Multiple defendants mean multiple sources of insurance coverage, and the passenger can pursue compensation from all at-fault parties. Massachusetts follows joint and several liability principles in cases with multiple negligent parties, meaning that a severely negligent defendant may be responsible for paying a greater share of damages if other defendants cannot pay their portion.
What to Do After a Motorcycle Accident as a Passenger
Can I sue the motorcycle rider if they are a friend or family member?
Yes. The motorcycle operator's liability insurance exists to cover exactly this situation. Filing a claim against someone you know can feel difficult, but your injuries and financial losses are real, and the claim is against their insurance policy, not against them personally. A rider who carries passengers has an obligation to do so responsibly, and their insurer is responsible for compensating passengers injured by their negligence.
Does assumption of risk bar my claim because I chose to ride a motorcycle?
No. Massachusetts law expressly abolishes the assumption of risk defense under M.G.L. c. 231, §85. No defendant can use this argument to bar or reduce your recovery. Choosing to ride on a motorcycle does not waive your right to compensation for injuries caused by someone else's negligence.
Can I be found at fault as a passenger?
In almost all cases, no. Because a passenger has no control over the motorcycle's operation, there is no basis for assigning contributory negligence to them for the crash itself. The law presumes passengers to have been exercising due care under M.G.L. c. 231, §85. The only narrow exception would be if a passenger physically interfered with the operator's control of the motorcycle in a way that contributed to the crash.
What if I was not wearing a helmet?
Not wearing the legally required helmet does not eliminate your claim, but it can be used to reduce your recovery for head and brain injuries specifically. Under comparative negligence principles, the defense can argue your head injuries were worsened by your helmet non-compliance. This argument does not apply to injuries unrelated to head protection. Tell your attorney immediately if you were not wearing a helmet so they can prepare to address this argument.
Is there PIP coverage available to me as a motorcycle passenger?
No. PIP coverage does not apply to motorcycle passengers under 211 CMR 3.02. Your immediate medical costs will need to be covered by your personal health insurance, any MedPay coverage on the motorcycle operator's policy if they purchased it, or eventually through recovery from the at-fault party's liability coverage. This makes early legal action important.
What if the at-fault driver has no insurance or not enough insurance?
If a third-party driver caused the crash and is uninsured or underinsured, you may be able to access the motorcycle operator's UM/UIM coverage if the operator was not the at-fault party. You should also check whether your own auto insurance policy includes UM/UIM coverage that extends to you as a motorcycle passenger. An attorney can review all available policies and identify every source of coverage applicable to your situation.
What is the deadline for filing a motorcycle passenger injury claim in Massachusetts?
The standard personal injury statute of limitations in Massachusetts is three years from the date of the accident under M.G.L. c. 260, §2A. If a government entity is involved, for example, if a poorly maintained road contributed to the crash, there may be significantly shorter notice requirements that apply. Do not wait to contact an attorney.
Injured as a Motorcycle Passenger? Talk to Kiley Law Group.
Motorcycle passenger injury claims involve multiple potential defendants, specific insurance coverage questions, and legal protections that many passengers do not know they have. The assumption of risk defense cannot be raised. You cannot be found at fault for a crash you had no control over. And you may have more sources of compensation available than you realize.
Kiley Law Group has represented injured motorcyclists across Massachusetts and New Hampshire for more than 50 years and has recovered over $1 billion for our clients. Attorney Tom Kiley is a rider himself, and our firm understands the unique physical, financial, and emotional impact that motorcycle injuries like road rash have on riders and their families. We handle motorcycle accident cases on a contingency basis. You pay nothing unless we win.
Call 978-474-8670 today for a free consultation, or contact us online.
This page is for general informational purposes only and does not constitute legal advice. Massachusetts law cited includes M.G.L. c. 90, §7 (helmet law); M.G.L. c. 175, §113L (UM/UIM coverage); M.G.L. c. 231, §85 (comparative negligence, abolition of assumption of risk, presumption of due care); M.G.L. c. 260, §2A (statute of limitations); and 211 CMR 3.02 (motorcycle PIP exemption). Laws change; consult a licensed Massachusetts attorney for advice specific to your situation.
